Fees and Charges Policy - 1 July 2021 CANTERBURY REGIONAL COUNCIL - Environment Canterbury
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Fees and Charges Policy miscellaneous charges under the Local Government Official Information and Meetings Act 1987 (LGOIMA) certain RMA functions not covered by section 36 of the RMA Purpose charges set pursuant to Maritime Transport Act 1994, Navigation Safety Bylaw 2016 and other functions of the Harbourmaster. This document describes and sets out the Canterbury Regional Council’s (Environment Canterbury) fees and charges according to the Resource Management Building Act Act 1991 (section 36), Local Government Act 2002 (sections 12 and 150), and Building Act 2004 (section 243), Maritime Transport Act 1994, Navigation Safety Section 243 of the Building Act 2004 covers charges for building consent Bylaw 2016. applications. Resource Management Act Biosecurity Act 1993 Section 36 of the Resource Management Act 1991 (RMA) covers charges relating Section 135 of the Biosecurity Act 1993 covers charges for biosecurity monitoring. to resource consents, plan change requests, and other matters. The RMA allows local authorities to fix charges for many of its functions (section General provisions applicable to fees and charges 36) and where the fixed charge is not sufficient to recover the actual and reasonable costs incurred in carrying out those functions allows for additional charges to be Charging basis made (section 35(5)). We use the following definitions for fees and charges: To process your resource consent application, review other approval or request Fixed fee – the total cost of the function or service. to change a regional plan or the Regional Policy Statement we charge for our actual Initial fixed fee – a deposit for a function or service and additional charges and reasonable costs in the following ways. may be applied. Further fixed fee – an additional deposit for a function or service, for eg Staff services and hourly charge-out rates notifying a consent application and/or hearing fees. Additional charges may be applied. Staff time is charged on the basis of actual time spent. The charge-out rate is Additional charges – the actual and reasonable costs incurred by the council dependent on the services provided. Charges are calculated using the following in performing its functions and services, less any initial or further fixed fee charge formula: (deposit) paid. Processing fee = (staff hours x hourly rate) + (external processing consultant hours x hourly rate) + disbursements Local Government Act The hourly charge-out rates for staff are listed below and will be adjusted each Section 150 of the Local Government Act 2002 (LGA) provides for charges to be year from 1% to a maximum 3% depending on the annual Consumer Price Index set for various regulatory functions. These functions include, but are not limited (CPI) movement. to: land improvement agreements certain charges relating to regional parks Fees and Charges Policy 1
Table A: Staff charge-out rates Disbursements Disbursements include advertising expenses, laboratory analysis, consultants Staff type and service Charge per hour (expert advice), photocopying and hearing costs (other than staff time). (inclusive of GST) Customer Services Advisory Officer/Administration $105.00 Travel Officer Environment Canterbury charges for the travel costs of our staff when making site Consent Planning/Consent Hearing Officer/any $166.75 visits. warranted officer carrying out compliance monitoring and incident response activities The travel cost will be the hourly charge out rate of the staff member and the vehicle mileage cost which is set by the Inland Revenue Department. The actual Senior Consent Planner/Specialist/Senior Warranted $184.00 time spent on site will also be charged at the appropriate hourly rate in Table A. Officer/Management Officer Vehicle charge-out rates Tangata whenua advisory services advice $172.50 Environment Canterbury uses the mileage rates published by Inland Revenue Building Consent Authority Coordinator $120.00 Department (IRD) to recover our vehicle costs. These rates will change in line with the IRD annual review. Executive Management Team Member $295.00 Remission of charges Consultant costs Environment Canterbury may remit any charge referred to in this Policy, in part or If Environment Canterbury uses an external consultant because its staff would in full, on a case-by-case basis, and solely at our discretion. normally provide services, but they are not available, the charge out rate is the same as those in Table A. Credit If Environment Canterbury uses a consultant because the applicant has required Credit is not generally available. Environment Canterbury will consider staged the use of the consultant, the full cost of the consultant is charged to the applicant. payments in exceptional circumstances. This may include instances where the applicant makes a request for urgency, the application involves complex and/or technical matters or a peer review is necessary. Debtors and unpaid charges If Environment Canterbury uses a consultant to commission a report under section Under this Policy debtors and unpaid charges are treated like any other outstanding 92(2) of the RMA, the full cost of the consultant is charged to the applicant as a amount owed. An outstanding debt will be pursued according to Environment disbursement. Canterbury’s standard debt management procedures which are summarised below: If the full costs of the consultant are charged, Environment Canterbury will also Environment Canterbury’s invoices are due for payment on the 20th of the charge the applicant for time spent managing the consultant. month following invoice date. Fees and Charges Policy 2
Customers with an overdue balance after payment date will be sent a final applications to extend consent lapsing periods (RMA section 125) reminder letter. Final reminder letters are sent in the first week of the month consent reviews (RMA section 128) after due date. certificates of compliance (RMA section 139) If payment is not received within 14 days of the final reminder letter, Environment Canterbury will place the account in the hands replacement consent applications when applications are processed prior to of a collection agency and the customer will be charged the full cost the expiry of a resource consent of collecting the debt. when an applicant withdraws a resource consent application. If your application is not processed within statutory timeframes, a discount will Minimum amount for invoicing and refunds be identified and applied accordingly in line with the Discount Regulations. Refunds of charges or invoicing of charges owed for consent applications or consent monitoring shall only occur if the amount is greater than $28.75. Your right of objection and appeal You may object to Environment Canterbury in accordance with section 357B of the Goods and Services Tax RMA. You need to make your objection in writing to Environment Canterbury within The charges described in this Policy include GST unless specifically stated otherwise. 15 working days of receiving your account. Environment Canterbury will hear your objection and make a decision on whether to uphold it. Review You may request to have your objection considered by an Independent Hearing This policy can be reviewed annually by 1 July as part of the Long-Term Plan or Commissioner rather than Environment Canterbury. The full costs of the Annual Plan processes. Independent Hearing Commissioner may be charged to the person making such a request. Resource Management (Discount on Administrative Charges) Regulations 2010 If you are not satisfied with the outcome of your objection, then you may appeal Environment Canterbury’s decision to the Environment Court. The Resource Management (Discount on Administrative Charges) Regulations 2010, commonly called the ‘Discount Regulations’, set a default discount policy for resource consents that are not processed within statutory timeframes. Maritime New Zealand Fees Environment Canterbury’s policy adheres to the Discount Regulations. Section 89A of the Resource Management Act 1991 requires Environment Canterbury to engage Maritime New Zealand (MNZ) to assess applications affecting the safety of navigation made under the Act. Environment Canterbury will recover Value and scope of Discount Regulations related MNZ charges from the applicant for either resource consent application The Discount Regulations set out a discount of 1% for each working day an or compliance monitoring activities. application is processed over the statutory timeframes specified in the RMA, up to a maximum of 50 working days (ie 50 per cent). Provision of information The Discount Regulations apply to the processing of most resource consent applications or applications to change consent conditions. They do not apply to Environment Canterbury documents, plans and reports are generally published, the following: and freely accessible, in electronic form online: www.ecan.govt.nz Fees and Charges Policy 3
Environment Canterbury also has many brochures, guides and information printing and reproduction as listed in Table B documents available at our offices for no charge. However, we are able to charge actual costs may be recovered for: for providing information under the RMA and Local Government Official Information provision of data on disc and Meetings Act 1987 (LGOIMA). retrieval of information off-site provision of maps, plans or other documents larger than A4 size. Information provided under the RMA Table B: On demand printing and reproduction charges Environment Canterbury may charge for the provision of information in relation to resource consents and regional plans and policies (RMA section 36(1)(e) and (f)). Charge We recognise that we have a significant advisory and information role and our aim (inclusive of GST) is to assist you to have access to the information you need to make effective use of your resource consent. To this end, we provide a reasonable amount of up to 10 pages No charge information free of charge. If more time is spent, or more photocopying required over 10 pages – black + white $0.20 per side than is allowed for here, the provision of information may be subject to the following charges. over 10 pages – colour $0.30 per side Any charge for information includes the following components: Binding of documents Charged at cost a. Staff time spent in making printed information available. Documents with special production requirements Charged at cost b. All other disbursements are charged at cost. We may pass on charges to the person requesting the information where the information held by us is subject to agreements with commercial data suppliers who may require us to levy charges. Consents, reviews and consent notices We will provide you with an estimate of cost of producing the information and may Resource Management Act charges require you to make payment before the information is released to you. This section describes charges for: Information provided in response to a LGOIMA request application for a resource consent, application to change an existing consent, deemed permitted activities, existing use certificate and certificates of Information provided in response to requests under this Act may be charged for compliance under section 13(1A) of the Local Government Official Information and Meetings Act 1987. compliance monitoring application for the preparation or change of a regional plan or the Regional In summary: Policy Statement. the first hour of time spent searching, abstracting, collating, copying, Fees in this section have been set taking into account the criteria in section 36AAA transcribing is free of the RMA. charges for each subsequent hour of time as per staff charge-out rates in Table A Fees and Charges Policy 4
Applications for resource consents auditing of the application, which may require technical or expert assessment, advice from or consultation with tangata whenua, and any requests for further Resource consents permit you to do something that would otherwise contravene information the RMA. They are classified by the RMA (section 87) as follows: preparation of report with recommendations for decision makers. water permit We may also charge for travel time associated with site visits. discharge permit land use consent Before beginning to process an application, we require a fixed fee or an initial fixed coastal permit fee (deposit) depending on the type of the application. These fees are shown in and subdivision consent. Table C: Fixed fees, Table D: Initial fixed fees and Table E: Risk based initial fixed fees. Where consent processing costs exceed the initial fee, if not processed as a Subdivision consents are administered by district and city councils and are therefore fixed-fee, an additional charge for actual and reasonable costs is made. not covered by this Policy. The staff charge-out rates are dependent on the services provided and are listed Environment Canterbury staff can help you prepare a resource consent application. in Table A: Staff charge-out rates. Our aim is to ensure your application is processed quickly and simply, while meeting all the legal requirements. Please note that application charges apply even if your consent application is declined or you withdraw your application. If you withdraw your application, we Charges associated with pre-application advice will calculate the cost of processing the application up to its withdrawal and make a refund or additional charge as appropriate if the amount exceeds $28.75. We offer a pre-application service to help you. The first hour of our pre-application advice service is free of charge. Fixed fees After the first hour, we will charge for this service. We will always advise you before Fixed fees cover the total cost of the application or compliance monitoring activity we start charging for application advice. For larger projects we may invoice before, and are due for payment when your application is lodged. We will not commence during, and after the resource consent process. processing your application until the fixed fees are paid in full. The staff charge-out rates for pre-application advice (after the first free hour) are Fixed fees are not supplemented by additional actual and reasonable charges after listed in Table A: Staff charge-out rates. the consent process is complete. Fixed fees are deemed to be ‘actual’ charges and are not subject to rights of objection and appeal (RMA section 357B to section 358), Charges for processing applications see Table C. Environment Canterbury charges consent applicants for any costs incurred when Table C: Fixed fees assessing and making decisions on resource consents. Charges typically include: standard charges – this covers the administrative requirements of the consent Fee type Fixed fee application. All standard charges are included within initial fixed fees (inclusive of GST) checking for completeness of your application Certificate of existing use $650.00 Fees and Charges Policy 5
Fee type Fixed fee The initial fixed fee includes a fixed standard charge which covers the administrative (inclusive of GST) costs of processing a consent application. Partial surrender of a resource consent $309.50 Additional charges may be applied when these conditions are not met. Further fees are also required when a consent application is notified. Partial transfer of a water permit or discharge permit $459.50 under section 136(2)(b) or section 137(3) Where a proposal requires multiple consent activity types, a fee for each activity is required. Full Transfer of Resource Consent (person to person) $105.00 Table D: Initial fixed fees Install a bore/gallery $583.00 Activity type Initial fixed fee (inclusive of GST) Initial fixed fees Discharge on-site domestic wastewater $2,600.00 Initial fixed fees act as an initial upfront payment (deposit) and may be subject to additional charges. Change of conditions: Resource consent applications may either be non-notified or notified. Non-notified of a water permit $3,300.00 applications are those where the effects on the environment are determined as no more than minor and no affected parties. Notified applications are those where of any other resource consent $1,900.00 there may be affected parties or the effects on the environment are more than minor. Notified applications can also be limited or publicly notified, may result in Certificate of compliance $1,300.00 submissions, and may require a hearing. Notice of deemed permitted activity $500.00 Table D outlines the required initial fixed fee for different types of resource consent applications. These fees are based on an estimate of an average non-notified Place a swing mooring $700.00 consent application of that type where: Consent for any other activity (not specified in Table $3,500.00 the application is accepted as complete at the acceptance stage D or E) no further information is required as part of processing mitigation/s proposed by the applicant is/are considered acceptable. Fees and Charges Policy 6
Table E: Risk based initial fixed-fees Consent Type Risk Risk factors (where applicable) High Initial Medium Initial Low Initial fixed fee fixed fee fixed fee Discharge Dairy effluent >1001 cows $4,700.00 501-1000 cows $3,500.00 4 hectares $9,400.00 0.5 - 4 hectares $6,000.00 2 hectares, $7,000.00 0.5 - 2 hectares $4,800.00
Consent Type Risk Risk factors (where applicable) High Initial Medium Initial Low Initial fixed fee fixed fee fixed fee Water Water take, > 100 l/sec AND $6,000.00 10-100 l/sec AND $4,400.00 1,500,000 cubic 150,000 annual volume water metres per year -1,500,000 cubic 100,000 cubic $4,700.00 20,000 - $3,600.00
Consent Type Risk Risk factors (where applicable) High Initial Medium Initial Low Initial fixed fee fixed fee fixed fee Farming land 1. Multiple farms on application Three or more $4,500.00 Two risk factors $3,500.00 Up to one risk $2,500.00 use 2. Regionwide rule application that risk factors factor does not use the Farm Portal to calculate Good Management Practice (GMP) Baseline Loss Rates and GMP Loss Rates 3. Sub regional rule that requires application of GMP guidelines for Selwyn and Hinds 4. Within Community Drinking Water Protection Zone 5. Application proposes Nutrient Discharge Allowance or Lawful Exceedance to operate above Nitrogen Baseline 6. OverseerFM analysis with greater than 10 blocks modelled Additional charges Environment Canterbury must, if requested, provide an estimate of any additional In instances where the total cost of processing an application (or completing a charge. compliance monitoring activity) exceeds the initial fixed fee, additional charge(s) will be made to recover the actual and reasonable costs incurred (RMA section Application charges for publicly and limited notified resource consents 36(5)). Additional charges are subject to the rights of objection and appeal (RMA section 357B to section 358). A resource consent is notified when either: Additional charges are determined by deducting the initial fixed fee from the total affected people or persons have been identified costs incurred for the completed activity in question. Additional charges are the effects on the environment are determined to be more than minor invoiced on completion of processing your consent (or compliance monitoring special circumstances exist activity). In some cases, we may invoice at regular intervals during the processing the applicant requests public information. of your consent. Fees and Charges Policy 9
Notified applications will call for submissions and may require a hearing. Because A submitter on a notified application can request that an Independent Hearing of the costs associated with a notified application, further fixed fees are required Commissioner(s) be appointed to hear and determine the application. If this occurs and must be paid by the stipulated date. If the further fixed fees are not paid then the submitter will be charged for the full costs of the Independent Hearing processing of the application may cease until they are. Commissioner(s) that exceed the amount for the application to be heard and decided. The further fixed charges usually cover the activities listed below, however it is common that additional charges are incurred in notified applications given the Prior to hearing: scale and complexities of those applications. fee to notify application The further fixed fee for notification usually covers: hearing preparation eg event logistics (if hearing is required) preparation of the officer’s section 42A report to the hearing panel, including initial processing of the application any expert evidence. advertising and calling for submissions assessment of submission received. During hearing: Depending on the nature of the submissions received, the further fixed fee for the any pre-hearing meeting hearing usually covers: hearing commissioner(s) costs including attendance at the hearing hearing attendance by council staff and technical or science experts (if pre-hearing meeting costs required) preparation of report to the hearing panel or independent commissioner any additional reports. production of draft consent conditions. Subsequent to hearing It is typical that a notified application will incur additional charges over and above the initial fixed fees. hearing commissioner(s) decision Council hearings officer assistance to hearing commissioner(s). If a hearing is required to determine the application, a further initial fixed fee per activity (ie earthworks plus discharge) will also be invoiced for the first hearing In instances where the total cost of the notification and hearing of an application day and any additional hearing days (if required). The initial fixed fees for the first exceed the further fixed fee, additional charge/s will be made to recover the actual hearing day and any additional hearing days are due for payment five days before and reasonable costs incurred (RMA section 36(5)). Additional charges are subject the hearing is scheduled to start. to the rights of objection and appeal (RMA section 357B to section 358). The initial fixed hearing fee covers costs incurred prior to, during and subsequent For notified resource consent applications we will provide you to a hearing. with a detailed cost estimate which we will update where necessary. Environment Canterbury may appoint an Independent Hearing Commissioner(s) Table F: Initial fixed application fee for notified resource consents to decide your application or the applicant can request one. Fee type Initial fixed fee The costs of the Independent Hearing Commissioner(s) are passed on to the (inclusive of GST) applicant. This will include any disbursements incurred by them such as meals, travel and accommodation. Fee to notify application $1,150.00 Fees and Charges Policy 10
Fee type Initial fixed fee Resource consent reviews (inclusive of GST) Environment Canterbury may charge resource consent holders, in particular Application fee per activity for first day of scheduled $11,500.00 circumstances, for reviews of resource consent (RMA section 36(1)(cb)). These hearing or part thereof circumstances include where: the review is requested by the consent holder For each additional day of scheduled hearing or part $variable the review is for any other purpose specified in the consent such as: thereof further fee required based on the following to deal with any adverse effect on the environment from the use of the calculation: consent $7,360.00 x # additional hearing days x # of to require the holder of a discharge permit or coastal permit to adopt commissioner(s) ÷ # of activities for consent. the best practicable option to remove or reduce any adverse effect on the environment. A fee is required for each activity due to the differing nature of activities. Each fee information made available from the applicant to Environment Canterbury covers a separate authorised activity. contains inaccuracies which influence the decision made on the application and any effects from the use of the consent require more appropriate Joint hearings conditions Where Environment Canterbury is the lead authority in a joint consent application the review is required by an order made under the RMA section 339(5)(b). hearing with another consent authority (eg district or city council), a portion of Environment Canterbury charges fixed fees for resource consent reviews in the the joint costs incurred by Environment Canterbury to hold the hearing may be same way as applications for resource consents. The initial fixed fee depends on invoiced to that other authority. The apportionment will recover those costs whether the resource consent review is non-notified, requires notification and/or incurred by Environment Canterbury to process the additional consents for the requires a hearing. Table G outlines the required initial fixed fees depending on other authority. Apportioned joint costs may include Independent Hearing how the resource consent review is processed. Commissioner(s) costs, equipment and venue costs, organisation costs and any other costs directly related to the processing of its consent applications. These In instances where the total cost of processing the resource consent review exceeds costs may or may not be passed on to the applicants by the other consent authority. the initial fixed fee, additional charge(s) will be made to recover the actual and Applicants should check the charging policies of other local authorities. reasonable costs incurred. Any additional costs will be determined in the same way as additional charges for applications for resource consents. Application fees where application is called in by Environment Protection Agency Table G: Resource consent review fees The Minister for the Environment can direct that an application be processed by Review type Initial fixed fee the Environment Protection Agency if it is deemed of national significance. In these (inclusive of GST) cases, all actual and reasonable costs incurred by Environment Canterbury will be passed on to the applicant. Initial fixed fee per non-notified consent lodged – $1,265.00 review resource consent conditions per consent Fees and Charges Policy 11
Review type Initial fixed fee What we do to monitor your consent (inclusive of GST) The purpose of compliance monitoring is to confirm consent holders are meeting the conditions of their consents. The conditions on resource consents are designed Initial fixed notification fee per consent requiring $1,150.00 to control any adverse effects on the environment arising from the exercise of the notification – Notification of consent review requiring consent. notification per consent (up to hearing stage) We need to know consents are being complied with. In this way we can ensure the Initial fixed fee per consent for first hearing day $11,500.00 resource you are using remains fit for you and other consent holders to use. – Consent review fee for first day of scheduled hearing (or part thereof) per consent A compliance monitoring programme is initially determined at the time your consent is granted. How much compliance monitoring is required varies according to the Initial fixed fee per consent for each additional hearing $11,500.00 nature of your activity, its size and frequency, and potential environmental impact. day – Consent review fee for each additional day of Consents with an ongoing effect on the environment have a monitoring programme, scheduled hearing (or part thereof) though it is important to note that the monitoring programme may not always Based on the following calculation: require site inspections. Consents with a finite effect may only need one site visit. $7,360.00 x # additional hearing days x # Your compliance programme may be reduced if you establish a good compliance commissioners ÷ # of consents record, or where you hold two or more consents at the same location. It may also be increased if you establish a poor compliance record. Charges will apply to reviews carried out to address adverse effects along with As part of the compliance monitoring programme for a consent, we: reviews made at the request of the consent holder and those carried out under the RMA section 128(1)(a), section 128(1)(c) and section 128(2). carry out an initial visit to assess if the consent is being implemented in accordance with the consent conditions carry out site visits and inspections (if required) Compliance monitoring review the results of any monitoring carried out by you or your consultants advise you on the outcome of the compliance visit Your compliance monitoring programme is tailored to your individual carry out tests and analyse samples at a laboratory (if relevant). circumstances. All costs associated with monitoring your consent are passed on to you as the consent holder. Occasionally, we may also need to use outside expertise to assist with the monitoring of some consents. The costs of these experts may be included as part As set out in the RMA, Environment Canterbury may charge for costs associated of your consent monitoring charge. In most cases, Environment Canterbury staff with our ongoing maintenance and monitoring of consents (RMA section 36(1)(c)), will carry out compliance checks. and monitoring specified permitted activities under a National Environmental Standard (RMA section 36(1)(cc)). Compliance monitoring charges Where the charges set in this section are inadequate to cover actual and reasonable The basis for the compliance monitoring charge is the actual and reasonable cost costs, we may impose an additional charge. of carrying out your compliance monitoring programme, which is then invoiced to you. Each consent has a separate monitoring programme. Fees and Charges Policy 12
Section 36(1)(c) of the RMA allows regional councils to fix charges, payable by the Environment Canterbury charges a fixed fee for receiving, verifying, recording and consent holder, for consent monitoring. We consider the need for this type of maintaining of water use data. This charge will be levied annually. monitoring arises only because of consent holders’ activities and that the benefits accrue entirely to consent holders. It is appropriate, then, for consent holders to Table H: Compliance charges and fees bear the actual and reasonable cost of this monitoring. Miscellaneous charges Charge/Fee The charge consists of the cost of staff time to carry out an inspection, audit any (inclusive of GST) monitoring information provided by you, reporting back to you on outcomes of any compliance monitoring, and, where necessary, laboratory costs (eg to test Monitoring of an activity authorised as a permitted Based on charge formula water quality). You will also be charged for the costs of travel, consultants and activity by a rule in a regional plan or a proposed (refer to General disbursements. regional plan, to determine compliance with the Provisions) conditions of the relevant rule. The staff charge-out rate is dependent on the service provided as outlined in Table A: Staff charge-out rates. Monitoring of compliance with the requirements for Based on charge formula water measurement and reporting as prescribed Permitted activity monitoring under an National Environmental Standard within the Resource Management (Measurement and Reporting of Water Takes) Regulation 2010 Certain National Environmental Standards, including the Resource Management (National Environmental Standard – Plantation Forestry) Regulations 2017 and the Annual water consent compliance fee $230.00 per water Resource Management (National Environmental Standards for Freshwater) permit per year Regulations 2020, allow regional councils to recover the cost of permitted activity monitoring for specified activities. The charge consists of the cost of staff time to To carry out compliance monitoring and $66.13 per bore carry out an inspection, audit any monitoring information provided by you, reporting administration requirements of a bore installation back to you on outcomes of any compliance monitoring, and, where necessary, (per bore to a maximum of five bores) laboratory costs (for eg testing water quality). You will also be charged for the costs of travel, consultants, and disbursements. Reduction in compliance monitoring charges – reward for good compliance Monitoring charges, permitted activities, bore installations and water data Some consent holders may become eligible for a decrease in the frequency of compliance compliance monitoring required for their consent. This typically occurs when consent holders comply with all their consent conditions, resulting in a reduced Details of charges for other permitted activities can be found in Table H relating need for frequent inspection. In these cases, we can pass on some savings to those to miscellaneous charges under the Local Government Act 2002. consent holders. Compliance with your consent conditions can result in significantly reduced monitoring charges. Environment Canterbury charges a fixed compliance monitoring fee for bore installation. The fixed fee is per bore (to a maximum of five bores) and is payable at the time you lodge your consent application. If the installation is for more than five bores, an additional charge will be payable for staff time, disbursements and travel. Fees and Charges Policy 13
Incident notifications, compliance with enforcement orders and compliance A request may be adopted if Environment Canterbury considers the benefit of the with abatement notices change accrues wholly to the community as distinct from the person or persons making the request. Where we carry out site visits for an activity authorised by a resource consent as a result of an incident notification (eg a complaint about water pollution or odour In all cases, we charge the actual and reasonable costs for the initial assessment release), the consent holder is only charged if the consent is breached and of the merits of the request. The actual costs of this assessment will vary depending non-compliance is observed. on the nature and complexity of the request. Where we carry out an inspection for an unconsented activity as a result of an The charge-out rate for any actual and reasonable costs are the same as those incident notification (eg outdoor burning) a minimum inspection fee will be charged staff charge-out rates listed in Table A: Staff charge-out rates. where it is determined a breach to a regional rule or the Resource Management Act 1991 has occurred. This minimum fee will be as follows: Charges when request accepted 30 mins travel + 30 mins investigation time + 1 hour of reporting, identifying parties, The charges levied by Environment Canterbury in relation to a regional plan or the considering any further actions needed x staff hourly charge out rate as published Regional Policy Statement changes are set out in Table I. in Table A. The fee for processing a change which Environment Canterbury has accepted (but Where we carry out an inspection to determine compliance with an enforcement not adopted) is intended to provide for: order or abatement notice we will charge actual and reasonable costs for any follow-up visit to confirm that the required action has been taken and full public notification of the change and calling for submissions compliance with the notice is achieved. preparation of a summary of submissions advertising for further submissions. Resource Management Planning The actual cost will vary depending on the number and complexity of submissions received. Application fees for the preparation or change of a Regional Plan or the Regional The fee does not include any cost associated with processing the change after the Policy Statement (1) receipt of further submissions. This is because the amount of work necessary to When Environment Canterbury receives a request to prepare or change a regional take the proposed change through the remainder of the process in Schedule 1 of plan or to change the Regional Policy Statement, we may treat the request in one the RMA may vary considerably depending on the magnitude or complexity of the of three ways. Environment Canterbury may decide to: proposal and the number of submissions received. decline the request. In this case, the request would go no further This can best be estimated once the public has demonstrated its interest in the accept the request, but charge the applicant the cost of processing the change through the public submission and further submission process. application adopt the request. In this case we will meet the cost of making the change We will recover any actual and reasonable costs that exceed the amounts shown after the initial assessment. in this section by way of an additional charge (RMA s36). 1 Only Ministers of the Crown or local authorities can apply to change the Regional Policy Statement Fees and Charges Policy 14
We will advise you when we have assessed your application for change to a regional Individual FEP Auditor Certification plan or the Regional Policy Statement if the cost of processing it is likely to exceed $3,450.00. The process and cost recovery framework to certify an FEP Auditor includes: 1. registration supported by a registration fee We will provide an estimate of the total cost of the application when the period 2. one annual auditor assessment, to check ongoing proficiency in the for submissions on the requested change has closed. application of the auditing standards, supported by an annual fee. The annual If the cost of processing a request which has been accepted is less than the initial fee will be at a discounted rate as Environment Canterbury recognises that fee (ie $3,450.00) by more than $28.75, we will refund the difference. there is some benefit for the community to check the ongoing proficiency of the auditor in applying the auditing standards Table I: Initial fixed application fee for the preparation or change of a regional plan 3. re-registration, every three years, supported by a re-registration fee. or the Regional Policy Statement Recognition of Primary Industry Certification Programmes and Approval of ISO Fee type Fee Programmes (Inclusive of GST) The Certification Programme includes recognition of Primary Industry Certification Fees for assessing a formal written request before $1,150.00 Programmes and approval of ISO Programmes. deciding to decline, accept or adopt it, and The purpose of recognising Primary Industry Certification Programmes is to integrate Fees for processing a request which is accepted, or $3,450.00 and support Primary Industry Certification Programmes. Applicants holding a Recognised Primary Industry Certification would meet some of the Certification Fees for processing a request which is adopted. No charge criteria. The recognition of Primary Industry Certification Programmes process and cost Farm Environment Plan (FEP) Auditor Certification recovery framework includes: 1. registration supported by a registration fee Fees relating to the certification of FEP auditors and ISO programmes are set under 2. re-registration, every three years, supported by a re-registration fee. section 150 of the Local Government Act 2002. The Land and Water Regional Plan has a requirement that Farm Environment Plans be audited by Certified FEP The purpose of approving ISO Programmes is to allow all farms belonging to the Auditors. programme to have a single audit only. The approval of ISO Programme process and cost recovery framework includes: The Certification Programme has two key components: 1. registration supported by a registration fee 1. the criteria and process to certify an individual FEP Auditor, including the process to recognise individuals already certified under Primary Industry 2. one annual auditor assessment for ongoing proficiency in the application of Certification Programmes the auditing standards 2. the criteria and process to approve an ISO Accredited Audit Programme (ISO 3. an annual fee and a three yearly re-registration fee. Programme), to allow all farms belonging to that ISO Programme to have one audit only. Fees and Charges Policy 15
FEP Audit Disputes Description Charge/Fee The FEP Disputes Programme describes how Environment Canterbury will deal (inclusive of GST) with a farmer over a dispute about an audit grade given by an Individual Certified FEP Auditor. Disputes related to an assessment undertaken by a FEP Auditor Annual fee – Covering one annual checks – on-farm $83.38 (per hour*) belonging to an approved ISO Programme will be dealt by that ISO Programme. assessment The disputes process and cost recovery framework include the submission of a *Discounted Rate from usual staff hourly rate (Table dispute supported by a fee which will be paid by the: A) – Environment Canterbury recognises that there is some benefit for the community to check the ongoing 1. farmer paying a submission fee upfront. This fee will be refunded if the proficiency of the auditor in applying the auditing complaint is substantiated. The fee would be retained if the dispute is standards. unsubstantiated 2. auditor if dispute is substantiated. Maximum fee $708.73 Environment Canterbury will inspect the proficiency of an auditor in the application Re-registration: $166.75 (per hour) of the Farm Environment Plan audit manual to keep their certification status as a Every three years result of a dispute raised by a farmer. One on-farm audit Table J lists all FEP charges. Maximum fee: Table J: FEP Audit Certification fees and charges For applicants not holding a recognised primary $1,525.00 industry certification Description Charge/Fee For applicants holding a recognised primary $1,297.00 (inclusive of GST) industry certification Registration: $166.75 (per hour) Desktop assessment (including for applicants holding Recognition of Primary Industry Certifications fees and charges a Recognised Primary Industry Certification) On-farm assessment Registration: $166.75 (per hour) Desktop assessment Maximum fee: Re-registration: $166.75 (per hour) For applicants not holding a recognised primary $3,335.00 Every three years industry certification Desktop assessment For applicants holding a recognised primary $2,668.00 Disputes industry certification Registration: $166.75 (per hour) Fees and Charges Policy 16
Table K: Permission and services of the Regional Harbourmaster’s Office Description Charge/Fee (inclusive of GST) Permission and services of the Regional Charge Desktop assessment Harbourmaster's Office (inclusive of GST) Interviews Specific approval from the Regional Harbourmaster $287.50 Approval of ISO Programmes fees and charges required for hot work in certain circumstances as stated in the Harbourmaster’s Direction on a vessel carrying liquid or gas hydrocarbons in bulk (ie a fuel, Registration: $166.75 (per hour) oil, or gas tanker) Desktop assessment Any other exemption, permission or authorisation of $230.00 (per hour) Annual Fee $83.38 (per hour)* the Regional Harbourmaster not otherwise specified; One annual check – on farm assessment or for additional hours processing of applications for suspensions, exemptions, or reservations which take *(Discounted Rate – Environment Canterbury in excess of two hours recognises that there is some benefit for the farming community to check the ongoing proficiency of the Charge for travel to or from any location to undertake $230.00 (per hour) auditor in applying the auditing standards) a site visit, audit or examination Re-registration: $166.75 Examination of a candidate for a Master’s Pilotage $575.00 (per Every three years Exemption Certificate examination) Desktop study Notification of change of ownership of a boatshed or $115.00 (for the first slipway hour then $230.00 per Regional Harbourmaster Office Services and Navigation hour after) Safety Suspensions, exemptions, reservations The role of the Harbourmaster’s Office includes managing maritime-related activities, navigation safety on all waterways and marine biosecurity. This work Application to the Regional Harbourmaster for a $287.50 (per aims to be fully funded by user-pay fees received from port companies, facility suspension or exemption under clause 45(1) of the application) owners and shipping companies. There are also some fees and charges for Canterbury Regional Council Navigation Safety Bylaw recreational boating activities. The applicable charges can be found in Table K 2016 below. Fees and Charges Policy 17
Permission and services of the Regional Charge Permission and services of the Regional Charge Harbourmaster's Office (inclusive of GST) Harbourmaster's Office (inclusive of GST) Application to the Regional Harbourmaster for a $287.50 (per Fee for receiving and processing of a mooring $115.00 (as needed) reservation, regulation, prohibition, permission or application) inspection report not provided to the Regional authorisation under any of clauses 7(3), 8(2)(e), Harbourmaster in accordance with clause 27(4), 12(1)(b), 21(2), 24(1) of the Canterbury Regional 27(6), 27(2) Council Navigation Safety Bylaw 2016 Rental or use of an Environment Canterbury $86.25 (per week) Port charges owned/administered mooring suitable for a vessel up to 12.0 metres length overall For Kaikōura, payable per quarter by the Kaikōura $1,725.00 (per quarter) Rental or use of an Environment Canterbury $126.50 (per week) District Council owned/administered mooring suitable for a vessel over 12 metres length overall For Lyttelton Port, payable per quarter by Lyttelton $85,500.00 (per Port Company Ltd quarter) Regional On-Scene Commander service charges For Akaroa Harbour, payable per quarter by the $2,300.00 (per quarter) Christchurch City Council Review* or approval of an operator party to a Mobile $920.00 (per review) Operators Joint Port Tier 1 Marine Oil Spill Response For the Port of Timaru, payable per quarter by Prime $57,500.00 (per Plan, including initial audit Port Timaru Ltd quarter) Review* or approval of a mobile operator’s Tier 1 $1,840.00 (per review) Swing mooring charges Marine Oil Spill Response Plan (for those in places where a joint plan is unavailable), including initial audit Swing mooring fee for administration, supervision $230.00 (per year) and monitoring Review* or approval of an operator's small fixed site $1,840.00 (per review) (eg jetty bowser) Tier 1 Marine Oil Spill Response Plan, Swing mooring fee towards removal of $57.50 (per year) including initial audit wrecks/abandoned vessels from swing moorings Review* or approval of an operator to a large fixed $3,680.00 (per review) Charge for processing an application for approval of $287.50 (per site (eg terminal) Tier 1 Marine Oil Spill Response Plan, a swing mooring, or variation to an existing mooring application) including initial audit authorisation Attendance at Tier 1 Plan site visit, exercise or audit $230.00 (per hour) Fees and Charges Policy 18
Permission and services of the Regional Charge Permission and services of the Regional Charge Harbourmaster's Office (inclusive of GST) Harbourmaster's Office (inclusive of GST) Application for an exemption, permission or $230.00 (per hour) Marine biosecurity monitoring fee for a swing $57.50 (per year) authorisation of the Regional On-Scene Commander mooring, pile mooring, marina berth, or berth for a not otherwise specified vessel of less than 40 metres length overall, or a mooring or berth not specified elsewhere * Reviews are normally conducted triennially. Marine biosecurity monitoring fee for a berth for a $230.00 (per year) Akaroa Harbour and Kaikōura ship visit, and general anchoring charges vessel of 40 metres length overall or greater or 500 gross registered tonnage or greater; or a wharf, marine farm, or other commercial structure Fees for vessel calls to Akaroa and Kaikōura for costs of chart updates, operation and maintenance of Marine biosecurity monitoring fee for a vessel of 40 $230.00(per harbour navigation aids, and operation and maintenance of metres length overall or greater, or 500 gross per year) Safety Management Systems, per vessel call (based registered tonnage or greater, visiting Akaroa or on ship length – length between perpendiculars Kaikōura (LBP)): Marine biosecurity monitoring fee for a boatshed or $57.50 (per year) less than 100 metres $3,450.00 slipway 100 metres or greater, but less than 200 metres $4,600.00 200 metres or greater, but less than 260 metres $5,750.00 Regional parks and forests 260 metres or greater $8,625.00 Regional parks and forests will recover costs for holding events within the regional parks. Charge for cancellation of a vessel booking when $115.00 undertaken less than seven days prior to the Daily fee for mobile shops scheduled visit This covers any Ranger time associated with site checks pre and post use of area Navigation safety services fee for a vessel greater $23.00 (Charge per by the mobile shop, along with any required correspondence and park space. than 40 metres length overall, or 500 gross registered metre of length overall) tonnage or greater, anchoring in Canterbury waters An hourly fee for Ranger time other than when visiting Kaikōura, Lyttelton, Akaroa or Timaru This covers a portion of the direct cost associated with a Ranger’s time to any given event, when this cost is not able to be covered by other charges. This is a subsidised Maritime biosecurity monitoring fees for structures and/or vessels within hourly rate for staff time as we welcome the opportunity to be involved in events. the Coastal marine Area Fees and Charges Policy 19
Fee for commercial filming in parks Description Fees and charges This allows for any time required to block off areas of the parks and manage any (inclusive of GST) impacts on other park users as a result of the activity. Ranger time required as the result of an event $63.25 (per hour) Requirement for a bond Fee for any commercial filming crews using the parks $285.50 (per event) and forest A bond enables us to cover the cost of any damage or cleaning if the event organiser does not undertake the required works themselves. The size of the bond will be Bond (varies according to size of event): $230 - $3,450 dependent on the size of the event to cover potential costs. Where we have supplied port-a-loos the associated Port-a-loos costs will be passed on in full to the event organiser For any event where we have supplied the port-a-loos, these costs will be passed Permit for drone usage $74.74 (per day) on in full to the event organiser. Use of drones Building consent Anyone using a drone in our parks is required by Civil Aviation law to get our The Building Act 2004 gives responsibilities relating to dams to Regional Authorities permission to do so. This is especially necessary given the proximity of some of (section 13). Provisions in the Building Act relating to dams include: our parks to airports and the need to ensure adherences with restricted flight zones. A fee will be charged for processing a permit for the use of a drone in our Building control functions – building consents, Code Compliance Certificates, regional parks. Project Information Memoranda; and Dam Safety Scheme – potential impact categories, dam safety assurance The Table L below details all charges. programmes, annual compliance certificates, dangerous dams. Table L: Park Ranger fees and charges Building control functions and the dam safety scheme only apply to large dams. A large dam has a height of four or more metres and holds 20,000 cubic metres Description Fees and charges or more of water or other liquid. Construction of dams that are not large do not (inclusive of GST) require a building consent but are still required to comply with the building code. These charges will not apply to any schools or community groups using our parks Note: Dam construction may also require resource consent under the Resource for not-for-profit purposes. Management Act 1991 (RMA). Anyone attending a corporate event $2.30 (per person) Booking fees for events $74.74 (per event) Mobile shops $51.75 (daily fee) Fees and Charges Policy 20
Charges Note: Prior to 1 July 2012, the MBIE levy was known as the Department of Building and Housing levy. Environment Canterbury may recover the costs for performing its functions under the Building Act (section 243). Our cost recovery policy is based on the principle of user pays, which means the dam owner will be charged all costs associated with Dam safety their dam project including future monitoring. The Building (Dam Safety) Regulations 2008 were revoked under the Building (Dam Safety) Revocation Order 2015, with effect from 30 June 2015. The Government is A combination of deposits, processing fees and levies will be used. Environment in the process of formulating the regulations under the Building Act 2004. No Canterbury will not issue a building consent until total payment is received from further information is available at this time. Environment Canterbury will continue the applicant/dam owner, unless agreed otherwise. to operate on a cost recovery user pays basis in relation to dam safety activities, unless directed otherwise. Deposits Table M: Charges for building control functions and dam safety activities Deposits listed in Table M are payable by the applicant at the time the application is lodged and will be treated as a part payment against total costs. Activity Levies Deposit Charges (inclusive of GST) Processing fees PIM (only payable $257.50 Based on charge Due to the scale, complexity and specialist design features associated with each when PIM is formula dam project, the costs associated with processing individual building consents applied for (refer to General will vary greatly and, in most instances, the total cost of processing an application independently of Provisions) or performing a monitoring duty will exceed the deposit. In these instances, a a building consent processing fee will be charged to recover all actual costs incurred. application) Processing fee = (staff hours x hourly rate) + (external processing consultant hours Building consent $4,000.00 Based on charge x hourly rate) + disbursements application formula Staff charge-outs are listed in Table A. Disbursements may include such items as Certificate of $4,000.00 Based on charge travel costs. acceptance formula Levies Code Compliance $3,000.00 Based on charge Certificate for formula Ministry of Business, Innovation and Employment (MBIE) and Building Research building consent Association of New Zealand (BRANZ) levies apply to building consent applications applications where the estimated value of building work is greater than $20,444. Environment Canterbury is required to collect these levies from the applicant on behalf of MBIE and BRANZ. The levies quoted are as required by regulation on 1 March 2008 and may change in accordance with amendments made to regulations. Fees and Charges Policy 21
Activity Levies Deposit Charges The administration of specific aspects of Land Improvement Agreements (LIA) are (inclusive of GST) made under the Soil Conservation and Rivers Control Act 1941. LIA tend to relate to soil and water conservation, erosion control, firebreaks, sediment control and Review Potential $300.00 Based on charge berm protection. Impact formula Classifications The charges for providing property information are set out in Table N. submitted by dam Table N: Property information charges owners Review Dam $500.00 Based on charge Property Information charges Charge Safety Assurance formula (inclusive of GST) Programmes Applications for information on a specific property Review Warrant of $1,000.00 Based on charge (RMA s35 and LGOIMA section 13): Fitness (dams) formula through the formal Land Information $235.00 Any other activity Nil Based on charge Request system under the Building formula Act 2004 for flood hazard assessment $172.50 Application to terminate a Land Improvement $408.25 Key note to Table M: Agreement (LIA) or part thereof based on the a. The deposit amount is approximately 50% of the average processing cost Revised Council Policies for LIA Management (26 for each application. However, the exact figure will depend on the complexity August 2011) – Policy 3 of the application and further information required. Application to obtain written consent for the $483.00 acceptance of a substantive proposal (Crown Other Pastoral Land Act 1998 section 60(4)) Property information The Land Information Requests system contains important information on consents, wells, water resources, natural hazards, pests, contaminated land and air quality. A flood hazard assessment provides site-specific flood information for most areas in the Canterbury region. The information may relate to property transactions, subdivision, valuations, insurance, resource consent applications and plan changes. Fees and Charges Policy 22
Authorised clean air zone fuel-burning equipment and classes of fuel River-based gravel extraction Charge Table O: Clean air zone charges (inclusive of GST) – Over 1500 cubic metres $850.00 + $0.11 per cubic Clean air zone: Fuel-burning equipment and Charge metre classes of fuel (inclusive of GST) Monitoring of compliance with the requirements of Based on charge formula Processing an application for authorisation in a Based on charge formula the authorisation/permit to remove river-based (refer to General clean air zone for the use of any class of (refer to General gravel Provisions) fuel-burning equipment (section 30(1) RMA) Provisions) Monitoring and supervision of fuel-burning Based on charge formula equipment that has been authorised (section 30(1) RMA) Authorised/permitted river-based gravel extraction charges The charges in Table P apply to authorised and permitted river-based gravel extraction. Resource consent application charges for river-based gravel extraction are contained in Table E. Please note the gravel management fee applies to all other authorisations, permits and consents. Charges may be waived on permitted authorisations in exceptional circumstances where there is significant community or environmental benefit. Table P: River-based gravel extraction charges River-based gravel extraction Charge (inclusive of GST) Gravel management fee (payable by the holder of $0.11 per cubic metre a gravel extraction authorisation/permit/consent) Authorised/Permitted activity for river-based gravel extraction (up to 12 months): – 1500 cubic metres or less $345.00 + $0.11 per cubic metre Fees and Charges Policy 23
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